People v. Greeley CA1/4

Good Law
Court of Appeal of CaliforniaOctober 28, 2013A138687California2,190 words

Opinion

Opinion

Humes, J.

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In November 2011, Greeley pleaded guilty to five felony counts and two misdemeanor counts after he stole various items from two businesses in July and August 2011.2 He also admitted a prior-strike conviction of first degree burglary. (§§ 459, 667, subd. (d).) The trial court dismissed the misdemeanor charges, sentenced Greeley to six years in prison, suspended the execution of the sentence, and placed him on three years of formal probation. The court also imposed a $200 restitution fine under section 1202.4, subdivision (b) as a condition of probation, and it imposed, but stayed, a $200 probation- revocation fine under section 1202.44. Greeley violated the terms and conditions of his probation and, in March 2013, the trial court revoked his probation and executed the six-year prison sentence. In its oral pronouncement, the court ordered Greeley “to pay a $240 probation revocation fine that is now imposed.” The abstract of judgment and the minute order, however, reflect a probation-revocation fine in the amount of $200, not $240. The abstract of judgment and the minute order also contain two fines the court did not orally pronounce: a $280…

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